HomeMy WebLinkAboutMinutes 02-21-2012 RegularCITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
FEBRUARY 21, 2012
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Council Member
Council Member
Council Member
Mayor
Mayor Pro Tem
Others Present:
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City Manager
City Attorney
Assistant City Manager /City Clerk
Interim Finance Director
Building Official
Planning and Development Director
Leisure Services Director
Public Works Services Director
Public Works Services Deputy Director
Brevard County Sheriff Lieutenant
Cape Canaveral Volunteer Fire Dept. Assistant Chief
David L. Greene
Anthony Garganese
Angela Apperson
John McGinnis
Todd Morley
Barry Brown
Robert Lefever
Jeff Ratliff
Lonnie Dunn
John Boyd
John Cunningham
OATH OF OFFICE: City Attorney Garganese administered the Oath of Office to John
Bond.
PRESENTATION:
Proclamation designating March 2012 as "Irish American Heritage Month ": Mayor
Randels read the Proclamation and presented it to Ancient Order of Hibernian (AOH)
Members Seamus Rukosky, AOH Brevard County Div#2 VP & AOH State Board of
Florida VP; Rick Hewitt, AOH Brevard County Div#2 Treasurer and AOH State
Chairman and George Fleming, AOH Brevard County Div#2 Member. Recipients
City of Cape Canaveral, Florida
City Council Regular Meeting
February 21, 2012
Page 2 of 5
expressed their appreciation for the Proclamation and encouraged participation in the
St. Patrick's Day Parade in Melbourne.
Proclamation designating May 2012 as "Motorcycle Safety and Awareness Month ":
Mayor Randels read the Proclamation and presented it to American Bikers Aiming
Toward Education (ABATE) Members, Mike Bowden, Suz Skinkle and Jonell Pope.
Members expressed their appreciation for the Proclamation.
Presentation of Proposed Economic Development Projects: Plans for an A1A Economic
Opportunity Overlay District, a Community Redevelopment Agency, and a Brownfields
Redevelopment Program. (estimated 45 minutes): Planning and Development Director
Barry Brown explained the events of the Open House and noted a positive response
from more than 100 attendees. He reviewed the goals of the 2009 Envision Cape
Canaveral and explained the purpose of a Community Redevelopment Agency (CRA),
Brownfield Designation and the Overlay District. Mr. Kelley Klepper thanked Staff for
the hospitality and professionalism and the City Council and Citizens for their
Comments received related to the presentations earlier in the day. Mr. Klepper
reviewed the proposed plans for the Community Redevelopment Area and responded to
questions. Mr. David Goldman spoke about the creation of a Brownfields
Redevelopment Program and answered questions. Mr. Andre Anderson reviewed the
plans for an A1A Overlay District and responded to questions.
REPORTS:
City Attorney Garganese spoke about the Attorney Client session held today. He
requested authorization from the Council to prepare an Ordinance for repeal of the
Resort Dwelling Ordinance. He noted he would also open a dialog with Plaintiffs to see
if law suits can be dismissed. A motion was made by Mayor Randels, seconded by
Council Member Hoog, that we support the dissolution of the Resort Rental
Ordinance. Discussion ensued and included impacts to residential neighborhoods; that
enforcement will focus upon those rentals causing problems; and property owners
pursuing Vacation Rentals will still have to meet State Standards for lodging and the
City Building and Fire Codes. The motion carried 5 -0 with voting as follows:
Council Member Bond, For; Council Member Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Mayor Pro Tern Walsh, For.
AUDIENCE TO BE HEARD:
Mr. Ray Osborne announced Dr. Michael Francis, History Professor from University of
North Florida, will be present on March 10, 2012 in the Library Meeting Room beginning at
10:30 a.m. to present information related to Florida native cultures and the early European
explorers. He indicated the presentation will also include information about the Ais Indians
and a research trip to Seville Spain.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 21, 2012
Page 3 of 5
CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the
Consent Agenda for discussion. Council Member Hoog requested items two and three be
removed for discussion.
1. Approve Minutes for Regular City Council Meeting of January 17, 2012:
2. Approve Extension of Resolution No. 2011 -04, Temporary Suspension of Permit
Fees for Electronic Signs:
3. Approve (1) recommended Construction Design Project and (2) funds for Stottler
Stagg & Associates (SSA) in the amount of $14,200 for the completion of Investigative
Tasks, Preparation of Design Drawings and Bid Specifications, and the Performance of
Construction Monitoring Services for Stormwater Improvements to the Northern Portion
of the Central Ditch:
4. Approve Staff's recommendation for the Business and Economic Development
Board appointment process:
A motion was made by Council Member Petsos, seconded by Mayor Pro Tern
Walsh, for approval of Items 1 and 4. The motion carried 5 -0 with voting as
follows: Council Member Bond, For; Council Member Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Mayor Pro Tern Walsh, For.
#2. City Manager Greene explained the previously adopted Resolution. Discussion
ensued and included whether the fee should be repealed until such time as Staff
recommends it be reinstated. Discussion ensued. A motion was made by Council
Member Hoog, seconded by Council Member Petsos, to hold the permit fees for
electronic signs in abeyance until such time as Staff requests the fee be
reinstated. Attorney Garganese suggested repealing the fee for electronic signs.
Discussion continued and included whether this included new signs, the entire sign or
just the electronic portion. City Manager Greene responded there would be no charge
for any sign, refurbished or new. The motion carried 5 -0 with voting as follows:
Council Member Bond, For; Council Member Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Mayor Pro Tern Walsh, For. City Manager Greene
clarified there will be a time when Staff will ask for the fee to be reinstated.
#3. Council Member Hoog raised objection to the price variance between the three
options and felt the fees should be determined by the amount of time spent and the
engineering work. Discussion ensued and included cost of mobilization; the modeling
work previously done; an open ditch would require more permitting due to Sand Hill
Cranes and other wildlife; the three options; the need for access through the adjoining
property and the property owner requesting the ditch be closed; the prior flooding during
Tropical Storm Faye; the possibility for the pipes to become clogged by debris; if
culverting is chosen for this 400 feet, then the City will need to continue the culverting
for the remaining 1600 feet of the ditch, which will increase the costs; that future
City of Cape Canaveral, Florida
City Council Regular Meeting
February 21, 2012
Page 4 of 5
development will have to retain their stormwater on site; when the culverting is
completed, the area should be turned into a bike path; the stormwater fees and other
fee /charges limitations imposed by the Council; the need to pursue grants for
improvements and grant funding is limited unless it improves the water quality. A
motion was made by Council Member Petsos, seconded by Council Member
Hoog, for stormwater improvements to the North portion of the Central Ditch and
select option number one. The motion carried 5 -0 with voting as follows: Council
Member Bond, For; Council Member Hoog, For; Council Member Petsos, For;
Mayor Randels, For; and Mayor Pro Tern Walsh, For.
ORDINANCES: Second Reading and Public Hearing:
5. Adopt Ordinance No. 01 -2012; amending section 82 -31 of the Cape Canaveral
Code of Ordinances related to adoption of the Florida Building Code: providing that the
2010 Florida Building Code, as may be amended, shall be the building code adopted
and enforced in the City: repealing specific regulations related to wind speed zones
consistent with the latest revisions to the Florida Building Code: providing for the repeal
of prior inconsistent ordinances and resolutions; incorporation into the code;
severability: and an effective date: Attorney Garganese read the Ordinance title into the
record and provided a brief explanation of same. Mayor Randels noted the first reading
was held on January 17, 2012 and Notice of Public Hearing was published on January
23, 2012. The Public Hearing was opened. No comments were received and the
Public Hearing was closed. A motion was made by Council Member Hoog,
seconded by Council Member Petsos, to approve Ordinance No. 01 -2012 . The
motion carried 5 -0 with voting as follows: Council Member Bond, For; Council
Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor
Pro Tern Walsh, For.
ORDINANCE: First Reading:
6. Adopt Ordinance No. 02 -2012, amending chapter 110, Zoning, of the Cape
Canaveral Code of Ordinances related to Special Exceptions for Alcoholic Beverages;
providing for the repeal of prior inconsistent ordinances and resolutions: incorporation
into the code; severability: and an effective date: Attorney Garganese read the
Ordinance title into the record. Planning and Development Director Brown explained
the citizens have expressed a desire for more restaurants within Cape Canaveral and
alcohol service is an integral part of most restaurants. He reviewed the impediments for
approval under the existing code; the proposed changes and the work of the Planning &
Zoning Board to develop the proposed Ordinance. Discussion ensued and included:
the proposed changes to the Ordinance; the difference between on site and off site
consumption facilities; the State requirements for serving liquor as well as the cost of a
liquor license from the open market; the current location of certain establishments;
Consensus was reached to allow restaurants along the waterway, but restrict
beer and wine establishments on the waterway and if appropriate to amend page
6 to add an item number five to reflect any violation of any City Ordinance would
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